Ikram Hussain v. State of Assam

ORDER

27.05.2024 Heard Mr Z Rahman, learned counsel for the petitioner, Ikram Hussain.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Bharalumukh PS Case No. 353/2023, registered under Sections Page No.# 2/4 120(B)/395 of the Indian Penal Code, 1860, read with Section 25 (1-A) of the Arms Act.

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶4The FIR unfolds that a Police Team made by SI Mobarak Ali and SI Anurag Bora of Bharalumukh Police Station, accompanied by some civilians, namely, Khairul Haque, Biki Ali, Sarif Tanwar and Sonu Ali, on 21.11.2023, at about 09:00 pm, conducted a raid in the rented house of Suno Sharma at Athgaon and recovered cash of Rs. 1,69,70000/- (Rupees One Crore Sixty-Nine Lacs Seventy Thousand) from two persons, namely, Debkaran Sen and Manoj Kumar, both from Rajasthan, vide Bharalumukh PS GDE No. 32, dated 21.11.2023. This cash and the two persons, namely, Debkaran Sen and Manoj Kumar were handed over to the officials of the Income Tax Department after following due procedure. However, from confidential sources, it was uncovered that the Police personnel and the civilians looted a bag containing huge amount of cash from the place of occurrence, by threatening and assaulting the inmates in the place of occurrence with their service weapons. Only a part of the money recovered from the above two persons from Rajasthan, was handed over to the Government officials, which resulted in seizure of lesser amount of money found from the rented house of Suno Sharma.

4.1. On receiving the secret information, an enquiry was conducted by the informant under the direction of the DCP, West Guwahati, and it was unearthed that the two Police personnel along with the civilians hatched up a conspiracy for looting the cash from the place of occurrence. During enquiry, one Khairul Haque was picked up and interrogated Page No.# 3/4 in the morning of 30.11.2023. During interrogation, Khairul Haque confessed about his involvement in looting the money along with the Police personnel and he stated that the Police personnel, SI (P) Mobarak Ali and SI (P) Anurag Bora, one Reporter, namely, Toufique Ahmed, along with other civilians, namely, Biki Ali, Sarif Tanwar and Sonu Ali, hatched up a conspiracy to conduct raid in the rented house, where a huge amount of cash was stored. The two Police personnel along with Biki Ali, Sonu Ali and Khairul Haque in the pretext of a Police raid, entered into the room occupied by Debkaran Sen and Manoj Kumar of Rajasthan and conducted a search operation ad took away a bag filled with cash.

4.2. During investigation, it was unearthed that Rs. 7,30,000/- was recovered from the house of Khairul Haque. Rs. 17,50,000/- was recovered from the house of one Rasiye Begum, as led by SI(P) Mobarak Ali, which was kept concealed by SI(P) Mobarak Ali in Rasiye Begum's house. Rs. 9,00,000/- was recovered from the possession of Nazmul Khan (Little Khan) and Rs. 4,00,000/- was recovered from the possession of Toufique Ahmed. During interrogation, the accused Sarif Tanwar and SI(P) Anurag Bora, also confessed of being in possession of Rs. 7.5 lacs and Rs. 5 lacs, respectively.

¶5It is submitted on behalf of the petitioner that his nick name is Sonu Ali and as such, he is apprehending arrest in connection with this case. He is innocent.

¶6The learned Additional Public Prosecutor has submitted that there are no allegations against any accused, namely, Ikram Hussain of Santipur, Masjid Road of Page No.# 4/4 Bharalumukh.

¶7The person who is referred to as Sonu Ali is not from Assam, he is from New Delhi.

¶8I have also perused the Case Diary.

¶9The address given by the petitioner, Ikram Hussain is Santipur, Masjid Road, Bharalumukh. Thus, there is no apprehension of arrest of the present petitioner, in connection with this case.

¶10Hence, petition is rejected.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010052722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/678/2024 IKRAM HUSSAIN S/O LATE IKBAL HUSSAIN, R/O SANTIPUR, MASJID ROAD, GUWAHATI- 781009, P.S.-BHARALUMUKH, DIST- KAMRUP (METRO), ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR Z RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND